ROULETTE v. CITY OF SEATTLE

No. 94-35354.

78 F.3d 1425 (1996)

Megan S. ROULETTE, Plaintiff-Appellant, v. CITY OF SEATTLE, a Washington municipal corporation; Norman Rice, Mayor of the City of Seattle; Patrick S. Fitzsimmons, Chief of the City of Seattle Police Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1996.


Attorney(s) appearing for the Case

David Girard and Peter Greenfield, Evergreen Legal Services, Seattle, Washington, Beth M. Andrus, and David Zuckerman, ACLU-WASHINGTON, Seattle, Washington, for the appellants.

Mark H. Sidran, Seattle City Attorney, Sandra L. Cohen and Gary E. Keese, Assistant City Attorneys, Seattle, Washington, for the appellees.

Daniel E. Loeb, Bruce J. Casino, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C.; Maria Foscarinis, National Law Center on Homelessness & Poverty, Washington, D.C., for amici National Law Center on Homelessness & Poverty, et al., on behalf of the appellants.

Gary Born, Robert Hoyt, Thomas Clark, Wilmer, Cutler & Pickering, Washington, D.C.; Michael Gallagher, Perkins Coie, Seattle, Washington; Robert Teir, American Alliance for Rights and Responsibilities, for amicus American Alliance for Rights and Responsibilities, on behalf of the appellees.

Donald A. Lachman, Senior Achievement Non-Profit Housing Association, Seattle, Washington; Camille Monzon, Seattle Indian Center, Seattle, Washington, for amici Senior Achievement Non-Profit Housing Association and Seattle Indian Center, on behalf of the appellees.

Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges.


OPINION

KOZINSKI, Circuit Judge.

The first step to wisdom is calling a thing by its right name. Whoever named "parkways" and "driveways" never got to step two; whoever named "sidewalks" did.

Seeing the wisdom of preserving the sidewalk as an area for walking along the side of the road, the City of Seattle passed an ordinance generally prohibiting people from sitting or lying on public sidewalks in certain commercial areas between seven in the morning...

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